Summary: We will not investigate this complaint about the response to a subject access request as this is best dealt with by the Information Commissioner's Office.

The complaint

1. Miss X complained the Council mishandled her subject access request and has failed to properly provide the information she has requested from it. Miss X says she has been caused stress by this and wants the information she has requested to be provided.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Information Commissioner’s Office (ICO) is the UK’s data protection regulator and is best placed to deal with Miss X’s complaint and to ensure she receives the information she is entitled to, by law. We will not therefore investigate.

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Final decision

7. We will not investigate Miss X’s complaint because it is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman